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I currently live with a roommate, and I'm moving out in a couple months. We originally signed our lease together. Our lease ends at the end of this month, and she is planning to stay and have a new tenant move in. In the interim the landlord has agreed to a month-to-month. I'm assuming that they will just keep my portion of the security deposit and I have to have the new tenant reimburse me, but I don't know who this person is, whether she will agree, or whether she will actually be obligated to pay me. Moreover, if she does and the L deducts $$ from the security deposit if and when they move out, then I would obviously be obligated to re-reimburse her for a portion of that.
So just wondering if anyone has encountered this situation before and if so what happened. I'm wondering if I should enter into a separate contract with the new tenant..anyway, any help would be much appreciated! I'm in CA if that helps. Thanks.
Our lease ends at the end of this month, and she is planning to stay and have a new tenant move in.
In the interim the landlord has agreed to a month-to-month.
I'm assuming that they will just keep my portion of the security deposit and I have to have the new tenant reimburse me...
Never assume. Anything.
Ask so that you can KNOW... and then get that in writing.
Quote:
So just wondering if anyone has encountered this situation before and if so what happened.
The landlord should do a settlement with the the two original tenants that should include a property condition inspection... and then return the (net) deposit money (that the landlord has) to the departing tenant.
ETA: The other concern (for YOU) is to be sure that your name is removed from the old lease.
The simplest way to be sure of that is to have the old one voided (with all parties signatures)...
the new tenants in the unit can fend for themselves.
Last edited by MrRational; 07-13-2012 at 08:22 AM..
The landlord should do a settlement with the the two original tenants that should include a property condition inspection... and then return the (net) deposit money (that the landlord has) to the departing tenant.
Definitely not always the case. We have right in our lease that if one person moves out before the others, the deposit stays with the lease. Whoever is on the lease when the property becomes completely vacant is who gets the money back and/or any bills for damages. Anyone who moves early has to settle up with those who are staying.
OP, read your lease, and if it doesn't say, ask your LL to get the real answer.
The deposit should follow the lease. How can the landlord asses damages when your roommate still lives there? I think you can kiss your half of the deposit goodbye.
Well thanks everyone for your replies. Ms. Christina, that's pretty much my dilemma. I am going to be contacting the L on Monday about what their policy is. The lease is silent as to this particular issue.
A related query - I don't really see how I should be penalized by losing my security deposit by virtue of the fact that my roommate does not want to move. She has said that she doesn't want to live with a "random" person, which I completely understand. But at the same time has expressed that she does not know if she will be able to find a roommate of her own preference by the time I will need to give notice.
As I stated we will be on a month to month after July. What if I just gave notice regardless of whether she wants to move? I don't want to be on bad terms with the roommate, but at the same time I have been extremely diligent at keeping the apartment clean and in good repair in anticipation of getting at least most of my deposit back, which is a substantial sum of money. And like I said, if she wants to stay, then it should be her responsibility to find a suitable roommate.
If I do give notice, I'm assuming the roommate will HAVE to move or find a roommate, mostly because the reason we got the place was because of our joint credit/ability to pay the rent. Is this correct?
How do you handle removing the departing tenant from their J&S liability?
Can that be done without voiding the old lease?
Do you do a bunch of chicken scratch crossouts and write in of new names?
We write an addendum that so and so was removed from all rights and obligations of the lease as of such and such date, and all tenants (the one moving and those who are staying) sign it, acknowledging that any damages discovered at move out will be billed to the remaining tenants, so if the vacating tenant had damage, those remaining should collect from them now.
We write an addendum that so and so was removed...
any damages discovered at move out will be billed to the remaining tenants, so if the vacating tenant had damage, those remaining should collect from them now.
Do you get involved in that assessment at all?
Or just leave it up to them to guess at what the LL will later assess to remedy these things?
Do you get involved in that assessment at all?
Or just leave it up to them to guess at what the LL will later assess to remedy these things?
We will do a walkthrough if requested to do so, but it is their responsibility to know the condition of the property they live in and point out damages to get an estimate. The estimate we give them is not in writing and not a guarantee. It is just a courtesy.
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